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2001 SD 92, 631 N.W.2d 603 South Dakota Supreme Court July 11, 2001 No. ne
Lamont argues that the second search of his dwelling was accomplished in violation of the Fourth Amendment. The police entered his motel apartment without a warrant, claiming a medical emergency.
A car hit her, sending her flying through the air for over 100 feet. The car did not brake or slow before impact. It continued to drive without stopping. An ambulance and the police were dispatched to the scene moments later.
At that point, the police had a difficult decision to make: continue waiting outside until a search warrant could be obtained or proceed to enter the room without a warrant. The door that had been open before was now locked.
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228 N.W.2d 152 South Dakota Supreme Court April 15, 1975 No. File 11440
At the outset we observe that beside a few well drawn exceptions, searches of private property without consent are unreasonable when government agents are not acting pursuant to a valid search warrant. See, e. g., Stoner v.
“[A]utomobiles and other conveyances may be searched without a warrant in circumstances that would not justify the search without a warrant of a house or an office, provided that there is probable cause to believe that the car contains
Lawson, supra, said: “For the police practice considered here to be found reasonable under the Fourth Amendment, absent a warrant or falling within a recognized exception to the *36 warrant requirement, there must be a minimal interference
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202 N.W.2d 862 South Dakota Supreme Court December 12, 1972 No. File 10936
In such a case, the police officer may seize the evidence although it is not described in the warrant. Seymour v.
‘There is no war between the Constitution and common sense.’ * * * To so hold would again tempt the police to proceed without a warrant, for even now searches incident to arrest are not so confined. * * * If the search has not extended
New Hampshire, 403 U.S. 443 , 91 S.Ct. 2022 , 29 L.Ed.2d 564 (1971), the Supreme Court recognized that under the “plain view” doctrine, the police may seize evidence in “plain view” without a search warrant where the initial intrusion
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142 N.W.2d 240 South Dakota Supreme Court May 5, 1966 No. File 10191
On February 5th search was made of the Chevrolet car by the sheriff under a search warrant. He found cutting pliers, a file, coin wrappers and pieces of wire.
The first search was made without warrant immediately after the persons of the defendants had been searched and they had been placed in jail.
For this reason, what may be an unreasonable search of a house may be reasonable in the case of a motorcar."
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1999 SD 9, 588 N.W.2d 885 South Dakota Supreme Court January 20, 1999 No. ne
Hanson claims that the trial court should have suppressed the urinalysis results because the police violated her federal and state constitutional rights by obtaining a urine sample without her consent and without a warrant. [¶ 20.
Lawful search without consent. [¶ 27.]
Obtaining a sample of urine from an individual without a warrant using force, if necessary, goes beyond the scope of a search incident to a lawful arrest.
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317 N.W.2d 126 South Dakota Supreme Court March 3, 1982 No. 13445
Absent exigent circumstances, that threshold may not reasonably be crossed without a warrant.” Payton v. New York, supra, [445 U.S.] at 590 [ 100 S.Ct. at 1382 ], See Coolidge v.
United States, 269 U.S. 20, 32-33 [ 46 S.Ct. 4, 6-7 , 70 L.Ed. 145 ] (1925) Thus, “an officer may legally search premises without a warrant under limited circumstances such as ... an emergency where there is no time to get a warrant
Furthermore, that there may be some delay or inconvenience in getting a search warrant is not a valid reason for averting the constitutional requirements. McDonald v. United States, supra (citing Johnson v.
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535 N.W.2d 847 South Dakota Supreme Court July 12, 1995 No. 18762
Trooper Swenson noticed that Ramirez appeared overly nervous, so he asked for consent to search the car. The results of the initial stop may arouse further suspicion or may dispel the questions in the officer's mind.
Operating on a bare suspicion or hunch, without any probable cause, Officer Swenson asked Ramirez about drugs in the car. Apparently sensing Ramirez's nervousness, he asked Ramirez if he could search his car.
Peterson, 407 N.W.2d 221, 223 (S.D.1987) (officer who has probable cause to believe contraband or other evidence of a crime is in a vehicle may search without a warrant). Here, there was no probable cause. 2.
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233 N.W.2d 312 South Dakota Supreme Court September 19, 1975 No. File 11389
Rigsbee was asked several times if the officers could search his car and he was informed that if he refused the officers would'have to get a search warrant. The defendant refused to allow a search of his car at that time.
The defendant claims that when he arrived at the police station he was taken to the interrogation room where he was told that if he did not consent to a search of his car that the police would get a warrant and “tear it apart.”
Although the case dealt specifically with the sufficiency of an affidavit for a search warrant, the test has been *363 used in determining if probable cause exists where there is an arrest without a warrant. See McCray v.
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407 N.W.2d 221 South Dakota Supreme Court June 3, 1987 No. 15375
It is well settled that an officer having probable cause to believe that an automobile which he has stopped contains contraband or evidence of a crime may search the vehicle without a warrant under the automobile exception.
A search warrant was unnecessary under the automobile exception. Chambers, supra; Carroll, supra.
When a policeman has made a lawful custodial arrest of the occupant of an automobile, he may, as a contemporaneous incident of that arrest, search the passenger compartment of that automobile; the police may also examine the contents
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429 N.W.2d 26 South Dakota Supreme Court August 3, 1988 No. 15396
McNeil spotted Kinney’s car parked on a side road near their home. The car was locked, with Kinney nowhere in sight. After searching the area without results, she became worried and contacted the Sheriff’s Department.
Agent Lake did not know of the first search. Regardless, Miller insists that knowledge of the FBI search must be imputed to Lake as both Lake and the FBI are police agents, per Michigan v.
The Camaro, on the other hand, was seized at the time of Miller’s arrest, and its passenger compartment, where the bullet was found, was subject to search even without a warrant if probable cause existed (as was clearly the case here
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504 N.W.2d 580 South Dakota Supreme Court August 4, 1993 Nos. 17877, 17882
In accord with the Fourth Amendment, a police officer may not stop a vehicle without a reasonable basis for doing so. Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968).
be searched without a warrant.
The search may include the interior of the car, as well as the trunk. Under the vehicle exception, the Constitution permits a search to proceed without a warrant, but not without probable cause.
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1999 SD 110, 598 N.W.2d 899 South Dakota Supreme Court August 11, 1999 No. ne
nevertheless may result in the destruction of valuable evidence.'
Whether specific discovery of a search warrant affidavit should have been granted. [¶ 26.] Buchholz argues that the safety check was connected to a search of a Huron hotel conducted earlier that weekend, pursuant to a warrant.
Under such circumstances, the officer could have obtained, or at least sought, a warrant within this time frame without any risk of losing evidence of methamphetamine use. [¶ 48.]
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2004 SD 123, 689 N.W.2d 430 South Dakota Supreme Court November 10, 2004 No. neCited by 22 Dissent · Sabers
search; and 3) that “because garbage collectors can consent to a search, the police need neither a warrant nor consent for a search.”
The police could not search her house without a warrant or consent just because her husband could have consented.
We should hold that the searches and seizures in this case were subject to the warrant requirement and that, without a warrant, neither a neighbor nor the police have a right to violate one’s reasonable expectation of privacy. [¶
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2004 SD 94, 686 N.W.2d 406 South Dakota Supreme Court August 18, 2004 No. ne
"Even when police officers have neither probable cause nor a warrant, they may search an area if they obtain a voluntary consent from someone possessing adequate authority over the area." United States v.
In Jimeno , the driver of a car told police that they could search the car. During the search, the officer opened a folded, brown paper bag on the floorboard of the car.
as may be, nor without probable cause, supported by oath or affirmation.
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2006 SD 77, 721 N.W.2d 409 South Dakota Supreme Court August 16, 2006 No. 23713
Although exigent circumstances can justify searching a car without a warrant, there is no different or lesser standard for automobiles: probable cause remains the same whether it is used to justify a search with or without a warrant
In some instances, crime reporting by citizen informants having firsthand knowledge may be sufficient for probable cause without police corroboration. State v.
Without corroboration, all the police had to go on was what the caller had relayed.
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2009 SD 99, 775 N.W.2d 221 South Dakota Supreme Court November 10, 2009 No. 24853
Constitutional Protection Against Search of a Home Without a Warrant [¶ 76.]
Likewise, police can enter a home without a warrant with probable cause if the police reasonably believe "that delay in procuring a search warrant would gravely endanger life, risk destruction of evidence, or greatly enhance the likelihood
exception); Lemieux, 726 N.W.2d at 787 (recognized that as part of their community caretaking function police may enter a home without a warrant to render emergency assistance); State v.
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173 N.W.2d 275 South Dakota Supreme Court December 16, 1969 No. File 10492
There the court held the arrest of a defendant in his home under a warrant of arrest but without a search warrant did not authorize the officers to make a general search of the entire three-bedroom house. This court in State v.
of probable cause, automobiles and other vehicles may be searched without warrants 'where it is not practicable to secure a warrant because the vehicle can be quickly moved out of the locality or jurisdiction in which the warrant
In Preston the search was made after the car had been driven to the police station, the men in it booked and the car towed to a garage.
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281 N.W.2d 436 South Dakota Supreme Court July 11, 1979 No. 12503
As a condition of probation, appellant consented to submit his person, property, vehicle and place of residence to search and seizure by law enforcement officials or probation officer without the necessity of a search warrant. 1
Police having probable cause to believe that an automobile which they have stopped contains contraband or evidence of a crime may search the vehicle without a warrant. Chambers v.
Maroney, we held that police officers with probable cause to search an automobile on the scene where it was stopped could constitutionally do so later at the station house without first obtaining a warrant.
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511 N.W.2d 572 South Dakota Supreme Court January 26, 1994 No. 18225
The State charged Almond with possession of the marijuana, cocaine and drug paraphernalia. 1 Almond moved to suppress all evidence, stating that it was seized without a search warrant and pursuant to an illegal search and seizure
request consent to search his or her luggage — as long as the ‘police do not convey a message that compliance with their requests is required.
The search to which Almond was subjected was without a warrant, not based on any probable cause or reasonable suspicion, and did not fall into the vehicle search exception.
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293 N.W.2d 440 South Dakota Supreme Court June 11, 1980 No. 12572
There the defendant, after twice refusing to allow a search of his car, eventually signed a consent to search that resulted in the uncovering of a large amount of stolen money.
The police had informed defendant that they could not search the car without his consent, that he would be better off if he consented to a search of the car, and if nothing were found, all the occupants would be released.
listed hereafter without a duly and authorized legal search warrant first having been issued by a competent court, and of my right to refuse to consent to such a search, I hereby authorize officers of the Las Vegas Metropolitan Police
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